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Can a juvenile adjudication for evading arrest (adjudication resulted in probation, not TYC placement) be used to enhance an adult evading arrest (on foot, not in vehicle) up to a state jail felony under PC 38.04(b)(1)?
 
Posts: 84 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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Seriously doubtful. A juvenile adjudication is not a conviction for enhancement purposes - even for another juvenile case. I had a second FV Assault on a juvenile and the TYC folk refused it, saying it was not a felony.


Lisa L. Peterson
Nolan County Attorney
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
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An adjudication is not a convition per Section 51.13(a) of the TFC. There are provisions in the CCP that allow an adjudication to be used like a conviction but without an explict provision it cannot be used in that manner.
 
Posts: 640 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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That's kinda what I thought. Thanks, Lisa and Stacey.
 
Posts: 84 | Location: Snyder, Texas | Registered: November 26, 2003Reply With QuoteReport This Post
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